Overview of the Legislation

The state legislature introduced House Bill 2354 on February 13, 2025. After successful passage through both legislative chambers, Governor Patrick Morrisey signed the bill into law on March 24, banning the following food dyes:

• Red 3
• Red 40
• Yellow 5
• Yellow 6
• Blue 1
• Blue 2
• Green 3

This significant legislation is set to affect foods and beverages sold in the state, primarily targeting options served in school lunches, with an implementation date of August 1, 2025. Conversely, a broader ban on all food products containing these dyes will take effect on January 1, 2028.

What We Know About the Impact

While the intention behind the ban is to promote public health, concerns linger over its potential impact on the state’s economy, food industry, and consumer access. Currently, it’s unclear which specific products will be most affected by these restrictions.

Delegate Adam Burkhammer, a supporter of the bill, emphasizes the importance of this legislation in improving public health outcomes in West Virginia, particularly given the state’s rankings in health statistics for adults and children. He stated on social media, “We truly do want everyone to be healthy and have the ability to thrive in WV which ultimately supports the American dream of life, liberty, and the pursuit of happiness.”

Concerns Raised by Industry Representatives

However, the ban has raised alarm among industry stakeholders. The West Virginia Beverage Association warns that this regulation could disrupt supply chains, increase operational costs, and lead to job losses within the food and beverage sectors. They argue that the most disadvantaged consumers might bear the brunt of these changes due to higher prices associated with compliant products.

The National Confectioners Association further cautioned that legislation like this could potentially confuse consumers while making food items less affordable and accessible. They stressed the importance of national regulations in maintaining consistency in food safety practices.

FDA’s Ban on Red 3: A Contextual Understanding

Earlier this year, the FDA also outlawed Red 3, a synthetic dye linked to cancer development in laboratory studies, which will be officially banned in foods starting January 2027. Red 3, also known as Erythrosine, is commonly used to impart a bright red color to various food products and pharmaceuticals, thereby raising concerns among health advocates.

Broader Trends in Food Regulation

West Virginia’s decision comes amidst a wave of legislative scrutiny over food additives across the United States. As of this year, more than 20 states have introduced various bills aimed at regulating synthetic dyes, heavy metals, and other food chemicals, reflecting a growing public concern for health and safety in food products.